95Offences about fire appliances

95 Offences about fire appliances (1) The occupier of premises commits an offence if the occupier fails to comply with a direction given to the occupier under section 92 (Direction to provide fire appliance at premises). (2) The occupier of premises commits an offence if— (a) a fire appliance is provided or installed at the premises under a direction under section 92; and (b) the occupier does not maintain the fire appliance in accordance with a proper maintenance standard. (3) The occupier of premises commits an offence if— (a) a fire appliance at the premises has been removed, destroyed or damaged or is defective; and (b) the occupier knows or is reckless about whether the fire appliance has been removed, destroyed or damaged or is defective; and (c) the occupier fails to repair or replace the fire appliance.

Offences relating to premises Division 5.4.2 (4) An offence against subsection (1) is a strict liability offence. (5) Strict liability applies to subsection (3) (c). proper maintenance standard means— (a) AS 1851 (Routine service of fire protection systems and equipment) as in force from time to time; or (b) AS/NZS 2293.2 (Emergency evacuation lighting for buildings Inspection and maintenance) as in force from time to time; or (c) a standard approved for the fire appliance as part of a building approval issued for the premises under the Building Act 2004, section 28; or (d) a standard of maintenance prescribed by regulation. (7) The Legislation Act, section 47 (6) does not apply in relation to an Australian Standard, or an Australian/New Zealand Standard, applied, adopted or incorporated as in force from time to time under this section. Note The standards do not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The standards may be purchased at www.standards.org.au.